Litigation

In the last couple of years, there have been important changes in the law on Medicaid liens on medical malpractice recoveries that have substantially altered the landscape with regard to such liens.

Attorneys are increasingly asking clinicians to evaluate their clients' (or their relatives') financial and legal capacities, as well as their ability to live independently. These evaluations have both legal and ethical implications because the determination can make the difference between maintaining an individual's right to autonomy and his need for protection. Although determinations regarding capacity can limit or remove one's freedom to make financial and legal decisions, they may be necessary to safeguard patients from being exploited.

While many family practitioners are familiar with allegations of child sexual abuse and physical abuse, often arising in the context of a custody dispute, fewer are as knowledgeable about Factitious Disorder by Proxy ('FDP'), popularly referred to as Munchausen Syndrome by Proxy ('MSBP') and a variant thereof, Pediatric Condition Falsification ('PCF'). Whether you are representing a parent accused of child sexual abuse, the accusing parent or a parent with a chronically ill child, a basic understanding of these disorders is helpful to properly assess whether they may be an issue in your case.

This article focuses on key legal duties engendered by telecommuting arrangements; the significant legal risks triggered by regular or periodic work-at-home arrangements; and practical steps employers can take to mitigate these risks.

Recent rulings of interest to you and your practice.

Rulngs in neighboring states that may affect your practice.

In Part One of this article, the authors discussed the fact that the rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases. Now they look at the specific exceptions to the rules against hearsay as they relate to child custody litigations.

Punitive, Non-Economic Damages Reduced for Paraplegic Injuries